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HUMPHREY v. BONEY

No. 85-8231.

785 F.2d 1495 (1986)

Joel Darsey HUMPHREY, Petitioner-Appellant, v. Robert S. BONEY, Warden, Leesburg Detention Center, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 25, 1986.

Attorney(s) appearing for the Case

Ralph C. Smith, Jr., Bainbridge, Ga., Hugh Peterson, Jr., Atlanta, Ga., for petitioner-appellant.

Susan V. Boleyn, Asst. Atty. Gen., Atlanta, Ga., for respondent-appellee.

Before HILL and FAY, Circuit Judges, and TUTTLE, Senior Circuit Judge.

HILL, Circuit Judge:

FACTS

Appellant Joel Darsey Humphrey appeals the district court's denial of his petition for a writ of habeas corpus. The following facts are relevant to our decision in this case. Appellant was tried and convicted of the first degree murder of Harold "Sonny" Whiddon. At trial, appellant admitted to shooting the victim, raising as his only defense the absence of malice and intent to kill. According to appellant's testimony, he and the...

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